Ex parte ONO - Page 5




          Appeal No. 96-3128                                                          
          Application 08/246,723                                                      



          element of the claim.  See In re King, 801 F.2d 1324, 1326,                 
          231 USPQ 136, 138 (Fed. Cir. 1986) and Lindemann                            
          Maschinenfabrik GMBH v. American Hoist & Derrick Co., 730 F.2d              
          1452, 1458, 221 USPQ 481, 485 (Fed. Cir. 1984).                             
               Appellant argues on pages 7 and 8 of the brief that                    
          Peppers fails to teach the Appellant's claimed limitations as               
          required under 35 U.S.C. § 102.  In particular, Appellant                   
          argues on                                                                   
          pages 13 through 17 of the brief that Peppers does not                      
          disclose each optical correlation operation means only                      
          detecting a portion of the optical pattern.  Appellant points               
          out that Peppers discloses a device in which the entire                     
          optical pattern is outputted to each correlation means 3a, 6a               
          and 7a as shown in Peppers' Figure 1.  This point is further                
          emphasized in the reply brief.                                              
               On page 4 of the answer, the Examiner argues that Peppers              
          teaches correlation means which receives a portion of an image              
          pattern displayed.  In particular, the Examiner directs our                 
          attention to column 1, lines 6-13.                                          



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